Sports law in India is a collection of some Court Cases and Policy decisions under the auspices Government of India. India never enacted a statute in this field like some countries to be mentioned below. What we called Sport`s law is a borrowed term in Indian legal field, as we borrowed so many legal ideas from abroad.
SUBJECT TO 7 TH SCHEDULE, STATE LIST, ENTRY 33 OF THE INDIAN CONSTITUTION, ENACTING OF SPORTS LAW IS SUBJECT MATTER OF STATE( FEDERAL). NO STATE HAS YET ENACTED ANY LAW GOVERNING SPORTS.
THEREFORE THERE EXISTS NO SUBSTANTIVE SPORTS LAW IN INDIA COMPARING WITH The Sports Development Act 1997 (ACT 576) OF MALAYSIA OR The Amateur Sports Act of 1978 (36 U.S.C.A. § 391) OF USA.
AN IDEAL INDIAN SPORTS LAW MAY CONSISTS OF:
A.SPORTS POLICIES AND SPORTS GOVERNANCE
B.THE LEGAL REGULATION OF SPORTS
C. SPORTS PARTICIPATION
D. SPORTS AND CONTRACT OF EMPLOYMENT
E.Protection of Sports person from Physical Injury
F. Controlling of Spots Violence
F. Prohibition of drug use
G. Enforcement of Intellectual Property Law in Sports
H. Sports franchise and player auctioning
I. Maintenance of Sports Stadium
J. Auction and mutual transfer of players.
k. Betting in sports etc………
“Sports bodies have to have a degree of autonomy with the Government playing the role of an effective regulator” D O S S I E R to IOA BY the Govt of India dated 16 Th June 2010.
JUDICIAL REVIEW UNDER WRIT JURISDICTION
BCCI is a Society and was registered as such on 28.11.1940 under the Tamil Nadu Societies Registration Act, 1860. BCCI is ‘State’ under Article 12 of the Indian constitution by Zee Telefilms Ltd. & Anr vs Union Of India & Ors on 2 February, 2005 LINK
- The BCCI has a monopoly over organized cricket in India. Every youngster, maybe an aspiring Rahul Dravid or an Irfan Pathan, who dreams to play cricket for his State or zone or India cannot do so without the permission and approval of the BCCI. We must not forget that cricket, is no longer what it used to be. It is not just a sport which people dressed in white flannels and rolled up shirt-sleeves enjoyed on lazy summer’s afternoons in England between sips of tea and munches of scones. It is no longer the reserve of the nawabs, the maharajas, the brown sahebs and the rich who had the time and the inclination. It now permeates all levels of society. To many it presents itself as an opportunity to a better livelihood. Cases abound in India, where cricket has brought financial succour to persons and their families who were otherwise doomed to lead lives enslaved in poverty. Cricket is regarded as a profession, an avocation. Many in India, play cricket not just for the love of the game but for to heir own survival. The BCCI performs the vital public duty and function of providing this opportunity. It has an elaborate network and is a massive organisation controlling every aspect of cricket in India. Dr Singhvi, the learned senior counsel who appealed on behalf of BCCI, submitted that no part of the capital of BCCI is held by the Government; no financial assistance of the State is enjoyed by it; the Government does not exercise any control over it; BCCI is a non-statutory body; no public duty is imposed upon it by statute; it is a society, nothing but a ”private club” and as such issuance of a writ against it would be completely beyond the scope of article 226 of the Constitution of India. This argument is untenable in the light of the discussion above.( RAHUL MEHERA VS UOI, DELHI HIGH COURT 2004) . If a public duty or public function is involved, anybody, public or private, qua that duty or function, and limited to that, would be subject to judicial scrutiny under the extraordinary writ jurisdiction of article 226 The BCCI which is the simple repository of everything cricket in India has attained this ”giant” stature through its organisation, skill, the craze for the game in India and last but not the least by the tacit approval of the Government. Its objects are the functions and duties it has arrogated to itself. Many of these are in the nature of public duties and functions. Others may be in the field of private law such as private contracts, internal rules not affecting the public at large etc.,. Therefore, BCCI cannot be said to be beyond the sweep of article 226 in all eventualities for all times to come. That is the certificate that BCCI wants from this court. We are afraid, we cannot grant that. Consequently, this petition cannot be thrown out on the maintainability issue(VIDE RAHUL MEHERA)
In Ajay Jadeja VS UOI Delhi High court 2001, it is observed:
”When the Government stands by and lets a body like BCCI assume the prerogative of being a sole representative of India for cricket by permitting BCCI to choose the team for India for appearance in events like the World Cup, then it necessarily imbues BCCI with the public functions at least in or far as the selection of the team to represent India and India’s representation in International Cricket fora and regulation of Cricket in India is concerned. Thus the monopoly status of the respondent No. 2 is evident. It is also clear that such monopoly status is indisputably state recognized as evident from the later of Ministry of Culture, Youth Affairs an Sports dated 22nd December 2000 and indeed by acquiescence of the Government, can be considered state conferred. Similarly the plea of the BCCI that it does not own or lease the stadia is of no consequence as the stadia are owned and leased by its members and it is not disputed that all international matches are played in such stadia. Similarly, membership of BCCI of the International Cricket Conference (ICC) cannot ipso facto imply that it is not amenable to writ jurisdiction. In fact, BCCI represented India on this own showing and depending upon the nature of the action impugned, would be amenable to writ jurisdiction.” We agree. BCCI, like everyone else, is amenable to writ jurisdiction. However, not every action of BCCI would be subject to the scrutiny of judicial review. Only those actions which fall within the ambit of public law would call for any direction, order or writ under article 226. Disputes or acts in the sphere of pure private law having no traces of public law would not be the subject matter of writs, directions or order to be issued under article 226.
- Indian Hockey Federation (IHF) is an autonomous society registered under the Societies Registration Act, 1860 and has got recognition of Ministry of Youth Affairs & Sports as apex national level sports federation engaged in promotion of the game of Men’s Hockey in the country.
- NATIONAL DOPE TESTING LAB( Under Youth Ministry )National Dope Testing Laboratory (NDTL) is responsible for analytical testing of samples and research in the field of dope analysis was registered in 2008.The lab was modernized in 2002 with an aim to get it permanently accredited by International Olympic Commission and WADA.
- SPORTS AUTHORITY OF INDIA-The Sports Authority of India (SAI), a successor organization of the IXth Asian Games held in New Delhi in 1982, was set up as a Society registered of Societies Act, 1860 in pursuance of the Resolution No. 1-1/83/SAI dated 25th January 1984 of the Department of Sports, Govt. of India with the objective of promotion of Sports and Games as detailed in the Resolution.
- INDIAN OLYMPIC ASSOCIATION (The IOA is a registered society) , the apex Sports Organization of Olympic Sport in the country is responsible for the Indian contingent’s participation in the Olympic Games, Commonwealth Games, Asian Games(Outdoor-Indoor-Beach) and South Asian Games. Each Olympic and Non-Olympic Sport has a Federation at the National level and are affiliated/recognized to/ by IOA.
- Ministry of Youth Affairs & Sports RECOGNISE EVERY YEAR THE NATIONAL SPORTS FEDERATIONS ATTACHED WITH INDIAN OLYMPIC ASSOCIATIONS LINK
- INDIAN OLYMPIC ASSOCIATION IS A ‘PUBLIC AUTHORITY UNDER RIGHT TO INFORMATION ACT 2005 VIDE JUDGEMENT Indian Olympic Association vs Veeresh Malik & Ors. BY DELHI HIGH COURT[ 7 January, 2010]
- National Olympic Committees(NOCS) is to ensure that athletes from their respective nations attend the Olympic Games. Only an NOC is able to select and send teams and competitors for participation in the Olympic Games.
- In terms of Olympic-Charter , IOA has the exclusive powers for the representation of India at the Olympic Games and at the regional, continental or multi sports competitions patronized by the IOC. In other words, the main function of IOA is to act as the nodal agency for the participation of Indian sports contingents in various international sports events.Then IOA also claims to be the apex of all National level sports federations; it represents the national face of the IOC. It has the power to affiliate or recognize other domestic sports federations, which in turn can select and sponsor sportsmen to represent the country in games and events. GOVERNMENT OF INDIA ALLOCATION OF BUSINESS RULES 1961, the Indian Olympic Association and National Sports Federations have been specifically listed as an item of Business allocated to Ministry of Youth Affairs & Sports. For these reasons, it is contended that the IOA is a public authority.
In terms of the National Sports Policy, 2001, the Central Government, in conjunction with the State Government, the Olympic Association (IOA) and the National Sports Federation will concertedly pursue the twin objectives of “Broad-basing” of Sports and “Achieving Excellence in Sports at the National and International levels .
The various orders/ circulars issued by the Government from time to time are amalgamated under this National Sports Development Code of India, 2011.
The CAS Statute of 1984 was accompanied by a set of procedural Regulations. Both were modified slightly in 1990. Under these rules, the CAS was composed of 60 members appointed by the IOC, the International Federations (IF), the National Olympic Committees (NOC) and the IOC President (15 members each).
OBJECT: With the aim of facilitating the resolution of disputes in the field of sport, an arbitration institution entitled the “Court of Arbitration for Sport” (hereinafter the CAS) has been created, and that, with the aim of ensuring the protection of the rights of the parties before the CAS and the absolute independence of this institution, the parties have decided by mutual agreement to create a Foundation for international sports-related arbitration, called the “International Council of Arbitration for Sport” (hereinafter the ICAS), under the aegis of which the CAS will henceforth be placed.
UEFA Anti-Doping : UEFA is recognised as one of the world’s leading team-sport organisations in the fight against doping, and the organisation continually strives to ensure that its education and testing programmes remain at the cutting edge of science and recognised good practice in all areas of prevention and detection.
SPORTS CONTRACTS: A TYPICAL SPORTS CONTRACT COULD BE AS BELOW:
- Professional services contracts – SALARY, INSURANCE, DURATION, NUMBER OF MATCHES AND OTHER FINANCIAL INITIATIVE( INDIAN CONTRACT LAW APPLICABLE)
- Endorsement contracts: IT IS GENERALLY SPONSORSHIP CONTRACT OR ADVERTISEMENT CONTRACT
- Appearance contracts: GUEST APPEARANCE BY A SPORTS PERSON FOR THE ORGANISER IN PUBLIC FUNCTION.
THE SEXUAL HARASSMENT OF SPORTS WOMEN: Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.